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Second Regular Session
Sixty-first General Assembly
LLS NO. 980509.01 JBB
HOUSE BILL 981197
STATE OF COLORADO
BY REPRESENTATIVE Leyba;
also SENATOR Perlmutter.
A BILL FOR AN ACT
CONCERNING THE YOUTHFUL OFFENDER SYSTEM, AND, IN
CONNECTION THEREWITH, PROVIDING FOR SENTENCES TO SUCH SYSTEM FOR
CERTAIN JUVENILES WHO ARE CONVICTED OF CLASS 2 FELONIES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes the court to sentence to the youthful
offender system in the department of corrections a juvenile convicted
of a class 2 felony who, if sentenced as an adult, would be eligible
for parole prior to the juvenile's 25th birthday. For such juveniles,
allows the court to sentence the juvenile to up to 7 years in
the youthful offender system.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 192517 (3) (a), Colorado Revised Statutes, is amended to read:
192517. Direct filing. (3) (a) Whenever criminal charges are filed by information or indictment in the district court pursuant to this section, the district judge shall sentence the juvenile as follows:
(I) As an adult; or
(II) To the youthful offender system in
the department of corrections in accordance with section 1611311,
C.R.S., if the juvenile is convicted of an offense described in
subparagraph (II) or (V) of paragraph (a) of subsection (1) of
this section; except that A JUVENILE SHALL BE INELIGIBLE FOR SENTENCING
TO THE YOUTHFUL OFFENDER SYSTEM if
person THE JUVENILE is convicted
(A) A class 1
class 2 felony;
(B) A CLASS 2 FELONY AND THE JUVENILE WOULD NOT BE ELIGIBLE FOR PAROLE ON OR BEFORE THE JUVENILE'S TWENTYFIFTH BIRTHDAY PURSUANT TO THE PROVISIONS OF SECTION 1722.5403, C.R.S.;
(C) Any sexual offense described in section 186301 or 186302, C.R.S., or part 4 of article 3 of title 18, C.R.S.; or
(D) A second or subsequent offense described
in said subparagraph (II) or (V) for which such person received
a sentence to the department of corrections or to the youthful
such person shall
be ineligible for sentencing to the youthful offender system;
(III) Pursuant to the provisions of this article, if the juvenile is less than sixteen years of age at the time of commission of the crime and is convicted of an offense other than a class 1 or class 2 felony, a crime of violence as defined under section 1611309, C.R.S., or an offense described in subparagraph (V) of paragraph (a) of subsection (1) of this section and the judge makes a finding of special circumstances.
SECTION 2. 1611311 (2) (a), Colorado Revised Statutes, is amended to read:
youthful offenders legislative declaration powers
and duties of district court authorization for youthful
offender system powers and duties of department of corrections.
(2) (a) (I) A juvenile may be sentenced
to the youthful offender system created pursuant to this section
under the circumstances set forth in section 192517
(3) (a) (II), C.R.S. In order to sentence a juvenile to the youthful
offender system, the court shall first impose upon such person
a sentence to the department of corrections in accordance with
section 181105, C.R.S. The court shall thereafter
suspend such sentence conditioned on completion of a sentence
to the youthful offender system, including a period of community
supervision. The court shall impose any such sentence to the
youthful offender system for a determinate period of not less
than two years nor more than six years; EXCEPT THAT A JUVENILE
CONVICTED OF A CLASS 2 FELONY WHO WOULD BE ELIGIBLE FOR PAROLE
PRIOR TO THE JUVENILE'S TWENTYFIFTH BIRTHDAY PURSUANT TO
THE PROVISIONS OF SECTION 1722.5403, C.R.S., MAY BE
SENTENCED TO A PERIOD OF UP TO SEVEN YEARS.
authority granted to The department
of corrections HAS THE AUTHORITY to place a youthful offender
under a period of community supervision for a period of no less
than six months and up to twelve months any time after the date
on which the youthful offender has twelve months remaining to
complete the determinate sentence. The court may award a juvenile
sentenced to the youthful offender system credit for presentence
confinement; except that such credit shall not reduce the juvenile's
actual time served in the youthful offender system to less than
two years. The court is encouraged to have a presentence investigation
conducted before sentencing a juvenile pursuant to this section.
SECTION 3. Effective date applicability. (1) This act shall take effect September 1, 1998, unless a referendum petition is filed during the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to sentences entered on or after the applicable effective date of this act.